Manoj Chudamani Barman v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1639 OF 2025 Manoj Chudamani Barman ... Applicant

Versus

State Of Maharashtra And Anr ... Respondents ________________________________________________________ Mr.Mayuresh Ingale, for the Applicant.

Mr.B.B. Kulakarni, APP for Respondent-State.

Mr.Ujjwal S. Gandhi, for Respondent No.2.

by NILAM SANTOSH KAMBLE Date:

2026.02.03 15:37:23 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 30th JANUARY, 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.288 of 2024 registered with Chandannagar Police Station, Pune for the offences punishable under Sections 363, 376, 376(2)(j)(n) of the Indian Penal Code, 1860 ('IPC' for short), Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO' for short) and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006. 2.

It is prosecution's case that the Applicant kidnapped minor daughter of the First Informant and forcibly married with her and sexually assaulted her.

3.

It is contention of learned counsel for the Applicant that at the time of incident, victim was more than 17 years old. There was love affair between the Applicant and victim. The victim herself had gone with the Applicant and stayed with him for one month. During that period, she did not make hue and cry. The Applicant has no antecedents. The Applicant is behind bars for more than 16 months. There is no progress in trial, and requested to allow the Application.

4.

It is contention of learned APP along with learned counsel for the Respondent No.2 that the Applicant kidnapped the First Informant's minor daughter and forcibly married with her. He was aware about age of the victim. He sexually assaulted her repeatedly. If Applicant released on bail, he may abscond or threaten Victim, First Informant and prosecution witnesses, and requested to reject the Application. 5.

I have heard all learned counsel. Perused charge-sheet and documents produced on record.

6.

At the time of the incident, the age of the victim was 17 years old. It appears that she had gone with the Applicant and stayed with him for one month but did not make any hue and cry during that period. The Applicant is behind bars for more than 16 months. There is no progress in trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Manoj Chudamani Barman be released on bail in Crime No.288 of 2024 registered with Chandannagar Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount. (ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses and threaten the victim in any manner.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)